Marcus and Diana are married and purchase a home in Boise, Idaho. They take title simply as 'community property' without any additional language. Marcus dies unexpectedly without a will. What happens to Marcus's share of the property?
Correct Answer
A) Marcus's share must pass through probate because community property alone does not carry a right of survivorship.
Under Idaho law, holding title as 'community property' alone does NOT create a right of survivorship. When a spouse dies, their share of community property passes through their estate — either by will or through intestate succession — not automatically to the surviving spouse. To obtain survivorship rights, the couple must specifically take title as 'community property with right of survivorship' under I.C. § 32-906 et seq.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
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